[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Page 28616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12966]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36314] [Docket No. FD 36315]


The Kansas City Southern Railway Company--Temporary Trackage 
Rights Exemption--Norfolk Southern Railway Company

Norfolk Southern Railway Company--Temporary Trackage Rights 
Exemption--The Kansas City Southern Railway Company

    The Kansas City Southern Railway Company (KCS) and Norfolk Southern 
Railway Company (NSR) (collectively, Applicants), Class I rail 
carriers, have filed a joint verified notice of exemptions under 49 CFR 
1180.2(d)(8) for the acquisition of temporary overhead trackage rights 
(1) by KCS over an approximately 105.2-mile rail line of NSR between 
St. Louis, Mo. (NSR milepost S5.0), and Mexico, Mo. (NSR milepost 
S110.2), and (2) by NSR over an approximately 156.3-mile rail line of 
KCS between Mexico, Mo. (KCS milepost 325.7), and Rock Creek Junction 
in Kansas City, Mo. (KCS milepost 482.0), pursuant to the terms of a 
Temporary Trackage Rights Agreement dated June 7, 2019 (Agreement).\1\
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    \1\ A redacted copy of the Agreement is attached to the verified 
notice. An unredacted copy has been filed under seal along with a 
motion for protective order pursuant to 49 CFR 1104.14. That motion 
is addressed in a separate decision.
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    Applicants state that the purpose of the temporary trackage rights 
is to accommodate their emergency detour operations between Kansas City 
and St. Louis on account of severe flooding in Missouri and thus permit 
continued rail service for both carriers while the impacts of flooding 
continue and during recovery. They state that the temporary trackage 
rights will expire on August 31, 2019.
    Applicants concurrently filed a petition for waiver of the 30-day 
period under 49 CFR 1180.4(g) to allow the proposed temporary trackage 
rights to become effective immediately. By decision served June 13, 
2019, the Board granted Applicants' request. As a result, these 
exemptions are now effective and will expire on August 31, 2019.
    As a condition to these exemptions, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway--Lease & Operate--California Western Railroad, 
360 I.C.C. 653 (1980), and any employees affected by the discontinuance 
of those trackage rights will be protected by the conditions set out in 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio. Petitions to revoke the exemptions 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemptions.
    All pleadings, referring to Docket Nos. FD 36314 and FD 36315, must 
be filed with the Surface Transportation Board either via e-filing or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Applicants' 
representatives: William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Avenue NW, Suite 300, Washington, DC 20037 (for KCS) and 
Garrett D. Urban, Norfolk Southern Corporation, Three Commercial Place, 
Norfolk, VA 23510 (for NSR).
    According to Applicants, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and historic reporting 
under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.
    Decided: June 13, 2019.
    By the Board, Allison C. Davis, Director, Office of Proceedings.

Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2019-12966 Filed 6-18-19; 8:45 am]
BILLING CODE 4915-01-P